What is the test for determining whether a defendant has committed multiple crimes at the same time?

California, United States of America


The following excerpt is from The People v. O'neil, C058463, No. CH020332, No. CH021290 (Cal. App. 2010):

"Whether the acts of which a defendant has been convicted constitute an indivisible course of conduct is a question of fact for the trial court, and the trial court's findings will not be disturbed on appeal if they are supported by substantial evidence." (People v. Kwok, supra, 63 Cal.App.4th at pp. 1252-1253.) Here, the trial court's findings are supported by substantial evidence.

"[T]his was not a case where only one volitional act gave rise to multiple offenses." (People v. Trotter, supra, 7 Cal.App.4th at p. 368.) Nor was it a case where the commission of one crime facilitated the commission of another.

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